THE REPATRIATION OF PRISONERS ACT, 2003 

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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Application of Act. 
4.  Application for transfer by a prisoner. 
5.  Consideration of request by Central Government. 
6.  Comments of contracting State. 
7.  Consideration of request by Central Government. 
8.  Provision to issue warrant for transfer. 
9.  Operation of warrant and retaking prisoner. 
10.  Transfer of record. 
11.  Power of court and Central Government shall not be affected. 
12.  Transfer into India. 
13.  Determination of prison and issue of warrant for receiving transfer in India. 
14.  Power to make rules. 
15.  Laying of rules, etc. 
16.  Power to remove difficulties. 

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THE REPATRIATION OF PRISONERS ACT, 2003 

ACT NO. 49 OF 2003 

[28th September, 2003.] 

An  Act  to  provide  for  the  transfer  of  certain  prisoners  from  India  to  country  or  place  outside 

India and reception in India of certain prisoners from country or place outside India. 

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:— 

1. Short title and commencement.—(1) This Act may be called the Repatriation of Prisoners Act, 

2003. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “contracting State” means a Government of any country or place outside India in respect of 
which arrangement has been made by the Central Government with the Government of such country 
or place through a treaty or otherwise for transfer of prisoners from India to such country or place and 
vice  versa  and  includes  any  other  Government  of  such  country  or  place  specified  by  the  Central 
Government, by notification in the Official Gazette, under sub-section (1) of section 3; 

(b) “prescribed” means prescribed by rules made under this Act; 

(c) “prisoner” means a person undergoing a sentence of imprisonment under an order passed by a 
criminal court including the courts established under the law for the time being in force in contracting 
States; 

(d)  “warrant”  means  a  warrant  issued  under  sub-section  (1)  of  section  7  or  sub-section  (2)  of 

section 12, as the case may be; 

(e)  words  and  expressions  used  herein  and  not  defined  but  defined  in  the  Code  of  Criminal 

Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code. 

3.  Application  of  Act.—(1)  The  Central  Government  may,  by  notification  in  the  Official  Gazette, 
direct that the provisions of this Act shall apply to a country or place outside India as may be specified in 
the notification. 

(2) If the notification under sub-section (1) relates to a country or place outside India with which a 
treaty has been entered into by  India for the transfer of prisoners between that country and India, then, 
such  notification  shall  also  set  out  the  full  text  of  the  said  treaty  and  shall  in  no  case  remain  in  force 
longer than the period of the said treaty. 

(3) If the Central Government is of the opinion that, with respect to a country or place outside India, 
provisions of this Act require to be modified to give effect to a treaty in relation to such country, it may, 
by  notification  in  the  Official  Gazette,  direct  that  the  application  of  this  Act  to  such  country  shall  be 
subject to such conditions, exceptions and modifications specified in the notification. 

4. Application for transfer by a prisoner.—Any prisoner who is a citizen of a contracting State may 
make an application to the Central Government for transfer of his custody from India to that contracting 
State: 

Provided that if a prisoner is not able to make an application himself because of his ill health, mental 
condition, old age or being a minor, then, the application may be made by any other person entitled to act 
on his behalf. 

5.  Consideration  of  request  by  Central  Government.—(1)  On  receipt  of  the  application  under 
section 4, the Central Government shall direct the officer in charge of the prison, where the prisoner is 
confined, to furnish such information which in the opinion of that Government is relevant for the purpose 
of transfer. 

1. 1st January, 2004, vide notification No. S.O. 1464(E), dated 24th December, 2003, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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(2) On receipt of the information under sub-section (1), if the Central Government is satisfied that— 

(a) no inquiry, trial or any other proceeding is pending against the prisoner; 

(b) death penalty has not been awarded to the prisoner; 
(c) the prisoner has not been convicted for an offence under the 1[military law]; and 

(d)  transfer  of  custody  of  the  prisoner  to  the  contracting  State  shall  not  be  prejudicial  to  the 

sovereignty, security or any other interest of India, 

it shall pass an order for forwarding the application of the prisoner to the contracting State. 

6. Comments of contracting State.—(1) The application of the prisoner shall be forwarded by the 
Central  Government through  prescribed  means to the  Government  of the contracting  State  to  deal  with 
such application alongwith the following information, namely:— 

(a)  a  copy  of  the  judgment  and  a  copy  of  the  relevant  provisions  of  the  law  under  which  the 

sentence has been passed against the prisoner; 

(b) the nature, duration and date of commencement of the sentence of the prisoner; 

(c)  medical  report  or  any  other  report  regarding  the  antecedents  and  character  of  the  prisoner, 
where it is relevant for the disposal of his application or for deciding the nature of his confinement; 
and 

(d) any other information which the Central Government may consider necessary. 

(2) Where any application of a prisoner forwarded by the Central Government has been accepted by 
the  contracting  State,  the  Central  Government  may  seek  from  such  contracting  State,  all  or  any  of  the 
following  information  or  documents  before  taking  decision  to  transfer  the  prisoner  to  the  contracting 
State, namely:— 

(a) a statement or document indicating that the prisoner is a citizen of the contracting State; 

(b)  a  copy  of  the  relevant  law  of  the  contracting  State  constituting  the  act  or  omission  as  the 
offence, on account of which the sentence has been passed in India, as if such act or omission was an 
offence under the law of that State; 

(c) a statement of the fact or any law or regulation relating to the duration and enforcement of the 

sentence of the prisoner in the contracting State upon his transfer; 

(d)  the  willingness  of  the  contracting  State  to  accept  the  transfer  of  the  prisoner  and  an 

undertaking to administer the remaining part of the sentence of the prisoner; 

(e) an undertaking to comply with the conditions, if any, specified by the Central Government; 

and 

(f) any other information or document which the Central Government may consider necessary. 

7. Consideration of request by Central Government.—(1) If the Central Government, on receipt of 

a communication from the concerned contracting State,— 

(a) expressing its willingness to accept the transfer of the prisoner; and 

(b) undertaking to comply with the conditions specified in the warrant, 

is  satisfied  that  the  prisoner  should  be  transferred  to  the  said  State,  the  Central  Government  may, 
notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  issue  a  warrant  in 
accordance with the provisions of section 8 in such form as may be prescribed. 

(2)  Where  a  warrant  is  issued  under  sub-section  (1),  the  Central  Government  shall  inform  the 
contracting State accordingly and request that State to specify the person to whom and the place within 
India where custody of the prisoner shall be delivered. 

8. Provision to issue warrant for transfer.—(1) The Central Government shall authorise an officer 
not below the rank of a Joint Secretary to a StateGovernment, within the limits of whose jurisdiction the 

1. Subs. by Act 6 of 2011, s. 2, for “martial law” (w.e.f. 1-4-2011). 

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place of imprisonment of the prisoner is situated, to issue a warrant on behalf of the Central Government 
under sub-section (1) of section 7 directing the officer incharge of the prison therein to deliver the custody 
of the prisoner to the person authorised by the contracting State to which the prisoner is to be transferred, 
presenting such person a copy of the warrant together with all the records relating to the prisoner and the 
personal effects taken from the prisoner at the time of his admission in the prison. 

(2) Upon the presentation of a warrant referred to in sub-section (1), the officer in charge of the prison 
shall forthwith comply with the warrant and obtain thereon the signature of the person to whom delivery 
of the prisoner, records and the personal effects relating to the prisoner to be removed from the prison is 
given. 

(3)After delivery of the prisoner to the person authorised by the contracting State under sub-section 
(2), the officer in charge of the prison transferring the prisoner shall forward a copy of the warrant to the 
court  which  committed  the  prisoner  to  the  prison,  along  with  a  statement  that  the  prisoner  has  been 
delivered to the person authorised by the contracting State under sub-section (1). 

(4)  The  delivery  of  the  prisoner  in  compliance  of  the  warrant  issued  under  sub-section  (1)  shall 
discharge the officer incharge of the prison from the responsibility of keeping the prisoner in his custody. 

9. Operation of warrant and retaking prisoner.—It shall be lawful for the person authorised by the 
contracting State to whom the custody of a prisoner is delivered under the provisions of sub-section (2) of 
section 8 to receive and hold in custody such prisoner and to convey him out of India and if the prisoner 
escapes from such custody within India, the prisoner maybe arrested without warrant by any person who 
shall without undue delay deliver such prisoner to the officer incharge of the nearest police station and the 
prisoner so arrested shall be liable for committing an offence under section 224 of the Indian Penal Code 
(45 of 1860) and shall also be liable for such sentence of imprisonment in India which he would have to 
undergo if the delivery of custody of such prisoner had not been made under section 8. 

10. Transfer of record.—Where a prisoner is or is to be transferred to a contracting State under the 
provisions of this Act, the Central Government may requisition the records of any proceeding, including 
judicial proceedings relating to that prisoner from any court or office, and may direct that such records 
shall be sent to the Government of the contracting State. 

11.  Power  of  court  and  Central  Government  shall  not  be  affected.—The  transfer  of  a  prisoner 
from  India  to  a  contracting  State  shall  not  affect  the  power  of  the  court  which  passed  the  judgment  to 
review  its  judgment  and  power  of  the  Central  Government  or  State  Government  to  suspend,  remit  or 
commute the sentence in accordance with any law for the time being in force. 

12. Transfer into India.—(1) The Central Government may accept the transfer of a prisoner, who is 
a  citizen  of  India,  from  a  contracting  State  wherein  he  is  undergoing  any  sentence  of  imprisonment 
subject to such terms and conditions as may be agreed to between India and that State. 

(2)  If  the  Central  Government  accepts  the  request  for  a  transfer  under  sub-section  (1),  then, 
notwithstanding anything contained in any other law for the time being in force, it may issue a warrant to 
detain  the  prisoner  in  prison  in  accordance  with  the  provisions  of  section  13  in  such  form  as  may  be 
prescribed. 

13.  Determination  of  prison  and  issue  of  warrant  for  receiving  transfer  in  India.—(1)  The 
Central Government shall, in consultation with a State Government, determine the prison situated within 
the  jurisdiction  of  such  State  Government  where  the  prisoner  with  respect  to  whom  awarrant  has  been 
issued under sub-section (2) of section 12, shall be lodged and the officer who shall receive and hold him 
in custody. 

(2) The Central Government shall authorise any officer not below the rank of a Joint Secretary to that 
Government to issue a warrant under sub-section (2) of section 12 and to direct the officer referred to in 
sub-section (1) to receive and hold the prisoner, with respect to whom the warrant is issued, in custody. 

(3) It shall be lawful for the officer referred to in sub-section (1) to receive and hold in custody any 
prisoner  delivered  to  him  under  the  direction  made  in  the  warrant  issued  under  sub-section  (2)  of 
section12 and to convey such prisoner to any prison determined under sub-section (1) for being dealt with 
in accordance with the said warrant and if the prisoner escapes from such custody, the prisoner may be 
arrested  without  warrant  by  any  person  who  shall  without  undue  delay  deliver  such  prisoner  to  the 

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officerincharge of the nearest police station and the prisoner so arrested shall be liable for committing an 
offenceunder section 224 of the Indian Penal Code (45 of 1860) and shall also be liable to be dealt with in 
accordance with thesaid warrant. 

(4) A warrant under sub-section (2) of section 12 shall provide for— 

(a) the bringing of the prisoner into India from a contracting State or a place outside India; 

(b) the taking of such prisoner in any part of India being a place at which effect may be given to 

theprovisions contained in the warrant; 

(c)  the  nature  and  duration  of  imprisonment  of  the  prisoner  in  accordance  with  the  terms 
andconditions referred to in sub-section (1) of section 12 and the imprisonment of such prisoner in 
Indiain such manner as may be contained in the warrant; and 

(d) any other matter which may be prescribed. 

(5)Notwithstanding anything contained in any other law for the time being in force, the imprisonment 
of a prisoner in compliance with a warrant issued under sub-section (2) of section 12 shall be deemed to 
be imprisonment under a sentence of a court competent to pass such a sentence of imprisonment in India. 

(6)  If  the  sentence  of  imprisonment  passed  against  the  prisoner  in  the  contracting  State  is 
incompatible with the Indian law as to its nature, duration or both, the Central Government may, by order, 
adapt  the  sentence  of  such  punishment  as  to  the  nature,  duration  or  both,  as  the  case  may  be,  as  is 
compatible  to  the  sentence  of  imprisonment  provided  for  a  similar  offence  had  that  offence  been 
committed in India: 

Provided that the sentence so adapted shall, as far as possible, correspond with the sentence imposed 
by the judgment of the contracting State to the prisoner and such adapted sentence shall not aggravate the 
punishment, by its nature, duration or both in relating to the sentence imposed in the contracting State. 

14. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the means through which an application may be forwarded under sub-section (1) of section 6; 

(b) the form in which a warrant may be issued under sub-section (1) of section 7; 

(c) the form in which a warrant may be issued under sub-section (2) of section 12; and 

(d) any other matter which may be prescribed under clause (d) of sub-section (4) of section 13. 

15. Laying of rules, etc.—Every notification issued under sub-sections (1) and (3) of section 3 and 
every rule made under section 14 shall be laid, as soon as may be after it is made, before each House of 
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session 
or in two or more successive sessions, and if, before the expiry of the session immediately following the 
session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in  making  any  modification  in  the 
notification or rule or both Houses agree that the notification or rule should not be made, the notification 
or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that notification or rule. 

16. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act, as appear to it to be necessary for removing the difficulty: 

Provided that no such order shall be made after the expiry of a period of two years from the date of 

commencement of this Act. 

(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before 

each House of Parliament. 

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